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MIN CC 09/16/2003CITY COUNCIL MEETING OF SEPTEMBER 16 2003 BOOK "T" 67 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF SEPTEMBER, 2003, IN THE Pj 1, CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. it The Council met in a regular session with the following members present: I� i COUNCILMEMBERS: Judy Kayse OFFICERS: Karl Davidson, Mayor Steed Smith Paul [sham, Acting City Manager Jack Choate Bob Tavenner Danna Welter, City Secretary i, Gary Crawford Jim Willett Vance Howard Mac Woodward FINANCE COMMITTEE MEETING [4:15 —4:45 p.m.] The City Council conducted a work session to discuss financial policies. They decided to meet monthly to discuss policies, etc. Their next meeting was scheduled for November 25, 2003 WORK SESSION [5:00 -5:45 p.m.] The City Council conducted a work session to discuss Oakwood View subdivision, fire station architect selection and service delivery options along Veteran's Memorial Parkway (Entergy). CALL TO ORDER [6:00 p.m.] Mayor Davidson called the regular session to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Director of Parks and Recreation Ray Black led the invocation. PRESENTATIONS Mayor Davidson read and presented Fire Chief Tom Grisham with this years Fire Prevention Week Proclamation. PUBLIC COMMENTS 1. Georae Russell. Mr. Russell spoke at length against the use of various chemicals at the Raven Nest Golf Course. 2. Charles Smither, Jr. Mr. Smither spoke in opposition to the proposed fee structure for platting; against the proposed cemetery acquisition and improvements; and against the budget. 3. Robert C. Berry. Mr. Berry spoke in support of Mayor Davidson, stating that the City employees should not receive a cost of living increase as part of the budget for this fiscal year. 4. Darrell Hall. Mr. Hall spoke in support of Proposition 13, stating he hoped the City would support that legislature by implementing the tax freezes in the City's next budget year. 5. John Strickland. Mr. Strickland spoke on behalf of the poor persons of Huntsville and asked the Council to cut the budget. 6. Rhonda Allmon. Ms. Allmon spoke in support of Mayor Davidson, stating that the City employees should not receive a cost of living increase as part of the budget for this fiscal year. 7. Stephanie Johnson. Mrs. Johnson, City employee, spoke in favor of the proposed 2% cost of living increase to City - employees. 8. Brian Woodward. Mr. Woodward spoke in opposition to the proposed budget; asked if the monies for the fire station have been set aside; and requested a prediction for next year regarding lost revenues at Raven Nest Golf Course. 9. Bill Nash. Mr. Nash thanked the Council for their support of the Wynne Home renovation and golf course fund raiser. 10. David Cummings. Mr. Cummings thanked the Council for their efforts in compiling a budget amid negative support of the community. CONSENTAGENDA 1. Approve the minutes of the August 19, August 26, September 2, and September 9, 2003 City Council meetings. 2. Award the bid of the Emancipation Park Slab Renovations project to J & M Construction in the amount not to exceed $29,382 to be funded from budgeted Parks and Recreation CIP Funds. -, 3. Award the bid for the Kate Barr Ross Soccer Field Construction project to Grisham Construction in the amount not to exceed $92,445.00 to be funded from budgeted Parks and Recreation CIP Funds. 4. Authorize the Acting City Manager to enter into a three -year contract with Teletouch Communications, Inc. for service and maintenance of the City of Huntsville's communication system at a cost not to exceed $1,872.55 per month to be paid from various accounts within departments with communication equipment. '. 5. Authorize acceptance of 2003 Local Law Enforcement Block Grant of $25,547 with the 10% local match of $2,839 to be funded from the Police Forfeiture Account. CITY COUNCIL MEETING OF SEPTEMBER 16, 2003 BOOK "T" 68 6. Adopt the policies and procedures for the cemeteries owned and operated by the City of Huntsville. STATUTORYAGENDA C5. Authorize acceptance of 2003 Local Law Enforcement Block Grant of $25,547 with the 10% local match of $2,839 to be funded from the Police Forfeiture Account. For each of the last several years, the police department has received Local Law Enforcement Block Grant funds from the federal government for the purchase of equipment. The grant of $25,547 requires a 10% local match. Funds will be used for purchase of a VHF repeater to replace aging radio equipment, as well as investigative equipment to include a forensic light to locate prints at crime scenes, a latent camera to photograph prints to scale, and an AFIS (Automated Fingerprint Identification System) computer to scan prints and submit for identification /comparison to DPS /FB I offender records. 1. Adopt Ordinance 2003 -09 -16.1, approving and adopting the Operating and Capital Improvements Budget forthe period October 1, 2003 through September 30, 2004. The budget provides a conservative funding approach for the upcoming year as well as continues with ensuring preparedness for responding to the future. The budget does achieve the limitations identified by the Council. Acting City Manager Paul Isham addressed the Council and audience with a few comments in regard to the budget. Mr. Isham stated that the City should not be equated with State agencies with regard to budgeting, the City is , well -run with cash reserves and manages funds prudently. He encouraged the citizens to look at the budget from an ! overall standpoint. The City represents only 15.5% of the property taxes paid in Walker County; the rest being the Huntsville Independent School District, Walker County and the Walker County Hospital District. This Council has actually reduced taxes this year. Also, the property tax revenues are only 1/6 of the general fund budget, along with other sources such as sales tax. Budget is a projection of what we anticipate spending in the next year; it may or may not be spent. The City does not lose any money not spent at the end of the year; it stays here, unlike other state agencies that may have a "spend it or lose it" mentality because it maybe re- appropriated the following year. This year we will come in approximately $800,000 under what was budgeted last year; we are not spending "deficitly'. The City has a history of budgeting conservatively on revenues and liberally on expenses. 2. Adopt Ordinance 2003 -09 -16.2, adopting the tax rate and levying taxes for the City of Huntsville for the 2003 -04 fiscal year upon all taxable property located within and subject to taxation in the City. During the preparation of the budget, the Council indicated that it wanted to keep the tax rate at the effective rate. On September 2, 2003, the Council voted for a tax rate not to exceed 42.5 cents. Councilmember Crawford made a motion to adopt Ordinance 2003 -09 -162 adopting the tax rate and levying taxes ". for the Citvof Huntsville forthe 2003 -04 fiscal Year upon all taxable orooertv located within and subject to taxation in the City: and Councilmember Woodward seconded the motion The motion passed unanimously. 3. Adopt Ordinance 2003 -09 -16.3, amending Title 30, Water and Sewers, of the Code of Ordinances of the City of Huntsville, increasing the tapping charges for water and sewer service, decreasing the rates for residential water service, II. and changing the calculation for sewer service provided by the City. During the preparation of the budget, the Council not only established policy objectives but also reviewed the financial performance of the City at this point. A small rate decrease is recommended in the water rates and a return to the method of calculating wastewater rates prior to FY 2002 -03. A rate increase in tapping charges for both water and sewer service is recommended in order to pay the actual cost of providing the service. 4. Adopt Ordinance 2003 -09 -16.4, amending the Appendix "Schedule of Fees" to the Development Code by establishing fees for platting, development permits, zoning changes, non - conforming use permits, and conditional permits. Between 1994 and 2003, the cost of reviewing plats has been absorbed by the Planning and Development Department. The costs involved in reviewing submittals include property research, reproduction of utility maps, materials to submit to Planning and Zoning Commission and /or Zoning Board of Adjustment, and posting and notice of meetings. CITY COUNCIL MEETING OF SEPTEMBER 16, 2003 BOOK "T" 69 This will allow the City to recover costs involved in performing these Councilmember Tavenner made a motion to adopt Ordinance 2 Fees" to the Development Code by establishing fees for platting deve '�- use permits and conditional permits' and Councilmember Woodward Mayor Davidson and Councilmember Willett voting against. as is consistent with other cities. 5. Approve City participation in the oversizing of the water line along Veteran's Memorial adjacent to the Whispering Oaks Subdivision in the amount not to exceed $15,480.00 to be funded from CIP Reserve - Water and Sewer Reserve for Future Allocation. Whispering Oaks Subdivision was submitted to the Planning and Zoning Commission and has received approval j of the plat for a residential subdivision on September 8, 2003. The Development Code requires the developerto install a 6 "water line along Veteran's Memorial to provide water service and fire protection to the proposed development. The City's CIP plan proposes the installation of a 12" along Veteran's Memorial Parkway for future development. Section 802.2 of the Development Code requires City Council approval for city participation in the cost of oversizing all water mains. 7. Approve acquisition of approximately 3.44 acres from the Catholic Church for a consideration of $10.000; set aside 1/2 acre in the Mayes Addition for a Catholic cemetery maintained by the City, with [the Church or the City] retaining the proceeds from the lot sales of the Y. acre. Morris Waller, Chair of the Huntsville Cemetery Advisory Board, answered several questions by the Mayor and Councilmembers. Councilmember Kayse made a motion to table this item until the next meeting' and Councilmember Willett seconded the motion. The motion passed unanimously. 6. Approve expenditures related to the exchange of property with the Marin family, and authorize city staff to re -plat the property in accordance with the terms of the letter of agreement in an amount not to exceed ($12,000 ($5,000 relocation & $7,000 utilities and fences) or $7,000 (utilities and fences)]. Councilmember Kayse made a motion to table this item until the next meeting and Councilmember Choate seconded the motion The motion passed unanimously. 8. Authorize the Mayor to execute an Interlocal agreement for fire protection services between the City of Huntsville and Walker County. The current contract between the City of Huntsville and Walker County provides that the "Countywill pay to City a sum equal to two cents per$100 valuation ($.02/100) on the Countys certified property tax roll forYear2002 times 95% for fire protection services." The contract will expire on September 30, 2003. In July, 2003, members of City staff met with County Judge Danny Pierce and County Commissioner B.J. Gaines about renewing the contract and were told that the County would continue to pay the $.02/100 for fire service in the coming year. Staff prepared a budget for FY2003- 04 based on this representation. On September 10, 2003, Commissioner Gaines presented a contract to the City in which the County offers to pay $246,487 to the City for fire protection services in FY 2003 -04. This sum is approximately $41,000 less than what City staff anticipated from the County based on representations made in July. Options to the City are to (1) attempt to negotiate a higher sum to be paid by the County to the City, (2) accept the sum offered by the County, or (3) not renew the contract with the County and cease fire protection services in the County effective October 1, 2003. Option No. 3 would result in the City funding the entire cost of fire protection services and may result in a morale problem in the department since many Fire Department volunteers reside outside the City limits and feel strongly that fire services should be provided by the Fire Department in the County. 9. Approve the Interlocal Agreement for Emergency Medical Service with Walker County. Prior to October 1, 2003, the Cityof Huntsville, Walker County, and Walker County Hospital District entered into a contract with regard to providing emergency medical services in the City and County. Pursuant to such contract, the 1 City provided in -kind services consisting of workspace for office personnel and vehicle bay space for units deployed in the Huntsville City limits and furnished fuel, subject to reimbursement, for the EMS vehicles. The County and Hospital District provided cash funds to operate EMS. The Hospital District has notified Walker County that itwill no longer fund EMS and the County will completely assume the funding obligation for EMS services in the City and Walker County. The County has presented the City with a contract to continue providing in -kind services for workspace for office personnel and vehicle bay space for units and to continue to furnish fuel, subject to reimbursement In addition, the EMS employees have been covered under the City's health insurance plan subject to paying for the same. The County has requested that the City continue the coverage for EMS employees until the end of the year which coincides with the plan year. Councilmember Woodward made a motion to approve the Interlocal Agreement for Emergency Medical Service CITY COUNCIL MEETING OF SEPTEMBER 16.2003 BOOK "T" 70 with Walker County, and Councilmember Howard seconded the motion The motion passed unanimously. NOTE: Councilmember Choate abstained from votino due to a conflict of interest 10. Authorize the Acting City Managerto give written notification toTXDOTthatthe City prefers the [parallel parkingorangle parking] configuration. David Stephens, TXDOT Area Engineer, addressed some of the Council members' questions and concerns. MAYORICITY MANAGER ACTNITY REPORT 1. Mayor /City Manager / Councilmember Report. a. City Council discussed scheduling a planning retreat; Councilmember Tavenner suggested waiting until afterthe City Manager was in place to have a retreat. Other options were explored such as utilizing a facilitator from SHSU, staying in Huntsville as opposed to going to another city, and having it over several nights over week or two -week period. No decision was made at this time. 2. Future Events: September 30 Boards & Commissions Reception October 7 6:00pm City Council Meeting (work session begins at 5:00pm) October 21 6:00pm City Council Meeting (work session begins at 5:00pm) November 11 6:00pm City Council Meeting (work session begins at 5:00pm) December 16 6:00pm City Council Meeting (work session begins at 5:00pm) ADJOURNMENT [8:20 p.m.] Danna Welter, City Secretary